Central Executive Board of the Human Rights Association was gathered to assess the recent developments, on 18 February 1999.
There are different revealed views on how the legal process will work for Abdullah Öcalan who was captured in Kenya and brought to Turkey.
The Human Rights Association (HRA) believes that the interrogation and investigation process are cohesive and that therefore all the process should be implemented in accordance with the principle of the rule of law. The first question is that whether Abdullah Öcalan’s capture in Kenya conforms the international law or not. We are not in a position to make any evaluation on to what extent this operation was in accord with the international law since the public opinion and the Human Rights Association do not know how this operation was conducted. It is understood that the operation was carried out by the common wills of Turkey, USA, Israel, Greece and Kenya.
The domestic and international public opinion want to be informed within the framework of the right to receive accurate information, as usual. Öcalan is currently held in detention. In this process, Ocalan has the right not to be tortured and subject to degrading treatment, the right to individual freedom and safety and a fair trial as everyone. HRA has always taken position against torture and degrading treatment regardless of discrimination of any kind, since its foundation. HRA defends the individual right to freedom and safety and the right to a fair trial for everyone. HRA defended these rights also for those who attempted to kill its president. HRA defended international principles rather than making emotional evaluations.
The duty of states is to treat everyone in accord with the law regardless of who they are and what they are charged for. This is the basic requirement for respect to human dignity. The Prime Minister of the Turkish Republic is making certain promises with regard to this issue. Turkey is a state party to the European Convention of Human Rights. There are resolutions of European Court of Human Rights (which were established in the context of the Convention) on the State Security Courts in Turkey. The question of how the right to fair trial will be conducted in practice is not clear and the Prime Minister have not clarified this point. HRA defends the right to life unconditionally. For this reason, HRA, from its foundation onwards, objects to death penalty, without taking into consideration whoever is subject to and for which offence death penalty is requested. There are draft laws which were submitted to the Turkish Grand National Assembly for the lifting of death penalty. Furthermore, state officials have made statements many times and said that although death penalty does still exist in the law, the penalty has not been practiced and that therefore the execution of this punishment is no more on the agenda of Turkey. Such statements were also formally declared to some judiciary organs such as European Court of Human Rights. It is seen that the expectations and sensitiveness of civilized world and Turkey‘s statements concerning this matter are in line with each other.
We are deeply concerned about the recent massive arrests and pressure directed to some certain political parties’ executives and members and more generally to those who have different views. While we are very near to the third millennium, Turkey should be a country where peace and freedoms are dominant; it should be fundamental changes in the field of democratization and human rights. HRA believes that the way of development and improvement depends on human rights and democratization. Therefore it should be tried to strengthen human rights standards. What is our society needs is to try to discuss our human rights and democracy problems, in particular the Kurdish problem, to think about our problems and to find solution in a peaceful atmosphere, rather than to make propaganda and to incite hatred.
HUMAN RIGHTS ASSOCIATION
CENTRAL EXECUTIVE BOARD